On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in the field of Emergency Prevention and Response

The Law of the Republic of Kazakhstan dated December 28, 2022 No. 169-VII SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in the field of emergency prevention and Response, signed in Nur-Sultan on December 6, 2021.

     President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in the field of emergency prevention and Response      

     The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan" hereinafter referred to as the Parties,

     Guided by the provisions of the Treaty of Eternal Friendship between the Republic of Kazakhstan and the Republic of Uzbekistan dated October 31, 1998,

     Striving to strengthen the traditional friendly relations between the two peoples,

     Recognizing that cooperation in the field of emergency prevention and response will contribute to the well-being and security of the States of the Parties,

     Aware of the danger posed to the States of the Parties by natural and man-made emergencies,

     Considering the benefits for the States of the Parties of the exchange of scientific and technical information in the field of emergency prevention and response.

     Taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the Parties, and the resulting need for coordinated actions by both States to prevent and eliminate emergency situations,

     Convinced of the need to strengthen cooperation between States in developing and adopting effective practical measures to prevent and eliminate emergencies,

      Considering the role of the United Nations and other international organizations in the field of emergency prevention and response,  

      Respecting the principles of State sovereignty and equality,  

      have agreed on the following:  

Article 1 Terms used in this Agreement

      The terms used in this Agreement have the following meanings:  

     "Requesting Party" means a Party that requests the other Party to send teams to provide assistance, equipment and supplies.;

     "Providing Party" is a Party that satisfies the request of the other Party to send teams to provide assistance, equipment and supplies.;

     "emergency situation" is the situation in a certain territory that has developed as a result of an accident, man-made and natural disaster, natural disaster or other disaster that may or may not result in human casualties, harm to human health or the environment, significant material losses and disruption of people's living conditions.;

     "emergency prevention" is a set of measures carried out by the Parties in advance and aimed at reducing the risk of emergencies as much as possible, as well as saving lives and preserving human health, reducing damage to the environment and material losses in case of their occurrence.;

     "emergency rescue operations" - actions to save lives and preserve human health, provide emergency medical and psychological assistance to the population, protect material and cultural values, the environment in an emergency zone, localize emergencies and eliminate or bring to the lowest possible level of exposure to their characteristic dangerous factors.;

     "emergency response" means emergency rescue and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localizing the emergency zone and terminating the action of its characteristic dangerous factors.;

     "emergency zone" - the territory of the State of the Party in which the emergency situation has developed;

     "authorized body" is a government body appointed by each of the Parties to manage and coordinate the work related to the implementation of this Agreement.;

     "assistance team" is an organized group of specialists (with service dogs, if necessary) of the providing Party, designed to provide assistance and provided with the necessary equipment sufficient to conduct operations in an emergency zone.;

     "equipment" - materials, technical and transport means, equipment of the aid group, including service dogs, personal equipment of the group members, medicines and medical equipment;

     "support materials" are material resources intended for free distribution to the population affected by an emergency situation.

Article 2 Authorized bodies

      The Parties shall appoint authorized bodies for the implementation of this Agreement.:  

     from the Kazakh Side - the Ministry of Emergency Situations of the Republic of Kazakhstan;

     The Uzbek Side is represented by the Ministry of Emergency Situations of the Republic of Uzbekistan.

     In case of appointment of other authorized bodies or changes in the name of existing authorized bodies, the Parties shall notify each other in writing through diplomatic channels.

Article 3 Forms of cooperation      

      All activities under this Agreement are carried out in accordance with the laws of the States of the Parties and are subject to the availability of the necessary funds from each of the Parties.  

      Cooperation under this Agreement provides for:  

     organization and monitoring of dangerous man-made and environmental processes, natural phenomena;

     regular exchange of information on monitoring and forecasting of natural and man-made emergencies;

     exchange of experience in organizing the preparation of the population for emergency situations, including first aid;

     organization of interaction of the relevant state bodies in the liquidation of emergency situations;

     assessment of the risk to the environment and the public in connection with possible pollution as a result of industrial accidents, disasters and natural disasters;

      prevention and elimination of natural disasters;  

     joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results;

     exchange of information, periodicals, methodological and other literature, video and photographic materials, as well as technologies in the field of emergency prevention and response;

      organization of joint conferences, seminars, workshops, exercises and trainings;  

      preparation of joint publications and reports;  

      training of specialists in educational institutions of the state of the other Party, exchange of interns, teachers, scientists and specialists;  

      mutual assistance in emergency situations;  

     assistance in the passage of humanitarian cargo traveling through the territory of the State of the Party from a third country or to a third country;

     organizing and conducting joint macroseismic studies of the effects of earthquakes in transboundary territories;

     other activities in the field of emergency prevention and response, which are coordinated by the authorized bodies of the Parties.

Article 4 Cooperation between organizations and institutions

     The Parties, if necessary, promote cooperation between government organizations and institutions, legal entities and individuals of the States of the Parties engaged in activities in the field of emergency prevention and response.

Article 5 Conditions for the reception of representatives of the Parties

      When participating in activities established by Article 3 of this Agreement that are not directly related to emergency response assistance, the sending Party shall bear the costs of travel of its representatives to the destination, accommodation and meals for its representatives, unless otherwise agreed by the Parties.

     The receiving Party shall bear the costs of organizing joint conferences, seminars, workshops, exercises and trainings, as well as the relocation of representatives of the sending Party to the territory of its State, unless otherwise agreed by the Parties.

Article 6 Provision of assistance

     Assistance is provided on the basis of a written request in which the requesting Party provides information on the nature of the emergency situation, specifies the types, scope, location and timing of the necessary assistance.

     The providing Party reviews the request as soon as possible and informs the requesting Party about the possibility, scope and conditions of providing assistance or the impossibility of providing assistance.

     The management of the assistance groups is carried out by the authorized body of the requesting Party through the heads of these groups.

Article 7 Types of assistance

     Emergency response assistance is provided by sending assistance teams, appropriate equipment, support materials, or in any other requested form.

     Relief teams perform emergency rescue operations in the emergency area.

The requesting Party informs the heads of the providing Party's assistance teams about the situation in the emergency zone and at specific work sites, if necessary, provides these groups with interpreters and means of communication, as well as provides security, emergency medical care, and coordinates their actions.

     The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 72 hours. Upon completion of the equipment stocks, the requesting Party provides the specified groups with the necessary means for their further work, unless otherwise agreed by the Parties additionally.

Article 8 Conditions of crossing the State border by aid groups and the regime of their stay in the territory of the requesting State

     Members of the assistance teams cross the State border of the requesting State through checkpoints open to international traffic, using identity documents, in accordance with the procedure established by international treaties to which the States of the Parties are parties.

     The team leader must have a list of the members of the assistance team and a document issued by the authorized body of the providing Party confirming his authority.

     Members of the assistance teams must comply with the laws of that State during their stay in the territory of the requesting State. At the same time, they are under the jurisdiction of the State of the providing Party in the field of labor, criminal and administrative legislation and related issues.

      Military personnel who are part of the assistance group are subject to the legislation of the State of the providing Party, which regulates the status of military personnel in terms of labor relations and socio-economic guarantees.

     The movement of aid groups, the transportation of their equipment and support materials are carried out by road, rail or air transport.

     The procedure for using these types of transport to provide assistance is determined by the authorized bodies of the Parties in coordination with the relevant government agencies.

Article 9 Import and export of equipment and support materials for emergency response assistance

     Equipment and support materials imported into the territory of the requesting Party and exported from the territory of the providing Party to assist in emergency situations are exempt from customs duties, taxes and fees.

     Customs clearance of equipment and support materials is carried out in a simplified form and on a priority basis on the basis of notifications issued by the authorized bodies of the Parties, which indicate the composition of the assistance teams, the list of imported or exported equipment and support materials.

     Assistance teams are allowed to bring into the territory of the requesting State only the equipment and support materials specified in the lists mentioned in the second paragraph of this article.

     If it is necessary to provide emergency medical care to the victims, the necessary amount of medicines containing narcotic drugs and psychotropic substances may be imported into the territory of the requesting State, in agreement with it and in accordance with the legislation of the requesting State. In this case, the head of the assistance team shall present to the customs authorities of the providing and requesting Parties a declaration on the availability of medicines containing narcotic drugs and psychotropic substances, indicating their nomenclature and quantity.

     Medical preparations containing narcotic drugs and psychotropic substances may be used only by qualified medical personnel of the providing Party. The relevant officials of the requesting Party have the right to control the use and storage of the specified medical preparations containing narcotic drugs and psychotropic substances.

      Unused medicines containing narcotic drugs and psychotropic substances must be exported from the territory of the requesting State on the basis of documents confirming the nomenclature and quantity of these drugs.  

     For spent medicines containing narcotic drugs and psychotropic substances, the customs authorities of the requesting Party shall be provided with an act on their use, signed by the head and doctor of the assistance group and certified by a representative of the authorized body of the requesting Party.

      After the completion of the assistance work, the equipment imported into the territory of the requesting State (with the exception of fully consumed or destroyed equipment) must be exported to the territory of the providing State. If, due to special circumstances, it is not possible to remove the equipment, it may be donated as assistance to the authorized body of the requesting Party on agreed terms. In this case, it is necessary to notify the competent and customs authorities of the requesting Party, indicating the types, quantity and location of the transferred equipment.  

     The fact of destruction or complete consumption of equipment and distribution of support materials among the affected population must be documented.

Article 10 Use of aircraft

     The authorized body of the providing Party shall inform the authorized body of the requesting Party of the decision to use aircraft for assistance, indicating their type and markings, route, number of crew members, nature of cargo, place and time of takeoff and landing.

     The requesting Party authorizes the flight to a certain point on the territory of its State.

     In order to provide urgent assistance and prompt transfer of forces and equipment by an aircraft of an authorized body from the territory of one state to a specific point on the territory of another state, the authorized bodies of the Parties shall develop and coordinate, in accordance with the established procedure, in accordance with the laws of the States of the Parties, additional instructions on the possibility of using aircraft and a mechanism for interaction between representatives of state bodies (border, customs, phytosanitary measures, quarantine services) on issues of simplifying the procedure for border crossing by aircraft in emergency situations as a matter of priority.

     Flights are carried out in accordance with the rules established by the International Civil Aviation Organization and the States of the Parties.

Article 11 Reimbursement of expenses

     The requesting Party shall reimburse the providing Party for the costs associated with the provision of assistance, unless otherwise agreed by the Parties.

     The requesting Party may cancel its request for assistance at any time. In this case, the providing Party is entitled to receive reimbursement of the expenses incurred by it.

     Reimbursement of expenses is made within 30 business days after receipt of a request from the providing Party, unless otherwise agreed by the Parties.

     The providing Party provides insurance for the members of the assistance groups. Insurance costs are included in the total cost of assistance.

     The providing Party is exempt from fees for the flight, landing, parking at the airfield and take-off from it of aircraft, as well as from fees for air navigation services.

     The issue of reimbursement of expenses for fuel and maintenance of aircraft of the providing Party will be resolved separately on a case-by-case basis.

     The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement, within the limits of the funds provided for in accordance with the laws of the States of the Parties, unless a different procedure is agreed in each specific case.

Article 12 Compensation for damage

     The requesting Party shall pay compensation to the submitting Party in cases of death and injury of members of the assistance team of the providing Party, as well as destruction or damage to equipment or other property of this Party, if such damage is caused during the performance of tasks related to the implementation of this Agreement. The amount of compensation is negotiated separately on a case-by-case basis.

     The providing Party shall compensate for damage caused to an individual or legal entity in the territory of the requesting Party's State caused by a member of the providing Party's assistance team as a result of actions not directly related to the provision of assistance, in accordance with the legislation of the requesting Party's State.

     If a member of the providing Party's assistance team, while performing tasks related to the implementation of this Agreement, harms an individual or legal entity in the territory of the requesting Party's State, this harm is subject to compensation by the requesting Party in accordance with the legislation of its State.

     Damage caused by a member of the providing Party's assistance team intentionally or through gross negligence is subject to compensation by the providing Party.

Article 13 Use of information

     Information obtained as a result of activities carried out under this Agreement, with the exception of information that is not subject to disclosure in accordance with the laws of the States of the Parties, shall be published and used on the basis of the usual practices and regulations of each of the Parties, unless otherwise agreed in writing by the authorized bodies of the Parties.

Article 14 Dispute resolution

Disputes and disagreements arising regarding the interpretation and/or application of the provisions of this Agreement shall be resolved through negotiations and consultations between the Parties.

Article 15 Introduction of amendments and additions

      By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure established by Article 16 of this Agreement.

Article 16 Final provisions  

      This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.  

     This Agreement is concluded for an indefinite period and remains in force until the expiration of six months from the date of receipt through diplomatic channels by one of the Parties of a written notification by the other Party of its intention to terminate this Agreement.

     The termination of this Agreement will not affect the activities carried out in accordance with it, which were initiated but not completed before the termination of its validity, unless the Parties agree otherwise.

     Done in the city of Nur-Sultan on December 6, 2021, in two original copies, each in the Kazakh, Uzbek and Russian languages, all texts having the same legal force.

      In case of discrepancies between the texts of this Agreement, the text in Russian will prevail.  

For the Government  

Republic of Kazakhstan  

For the Government  

Republic of Uzbekistan  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases